ORDER: In an opinion dated March 19,2010,
the U.S. Court of Appeals for the Second Circuit held that the "the Social
Security Administration's practice of treating a warrant alleging that a
recipient is violating a condition of probation or parole as sufficient and irrebuttable evidence that the recipient is in fact
violating a condition of probation or parole is inconsistent with the plain
meaning of the Social Security Act." Clark v. Astrue,
602 F.3d 140 (2d Cir. 2010). This
Court subsequently certified a class defined as "All persons nationwide
for whom an initial determination to suspend or deny SSI and/or OASDI benefits
was made and/or an initial determination of overpayment of such benefits was
made and such initial determination was based solely on the existence of a
warrant for an alleged violation of probation or parole, provided: (i) the initial determination was made during the period
from October 24, 2006 to and including such time in the future when final
relief is entered in this action; or (ii) a timely administrative appeal of
such initial determination was pending on or after October 24, 2006."
Accordingly, it is hereby ORDERED, ADJUDGED AND
DECREED as set forth herein. (Signed by Judge Sidney H. Stein on 4/13/2012) (djc)